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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No.: See Appendix
)
Annual CPNI Certification NAL/Acct. No.: See Appendix
)
Apparent Liability for Forfeiture FRN: See Appendix
)
)
Order
Adopted: September 1, 2011 Released: September 1, 2011
By the Chief, Telecommunications Consumers Division, Enforcement Bureau:
1. In this Order, which follows upon our Notice of Apparent Liability for
Forfeiture ("Omnibus NAL"), we determine that no forfeiture penalties
should be imposed on the companies listed in the Appendix.
2. In the Omnibus NAL, we found several hundred companies apparently
liable for forfeitures in the amount of $20,000 each for violating
section 222 of the Communications Act of 1934, as amended (the "Act"),
section 64.2009(e) of the Commission's rules, and the Commission's
EPIC CPNI Order because it appeared they had not filed a timely CPNI
compliance certification for calendar year 2007. Consistent with
section 503(b)(4) of the Act, each of these companies was granted an
opportunity to show, in writing, why no such forfeiture should be
imposed.
3. Upon review of the record, and based upon additional information
provided by the companies, we agree that no forfeiture penalties
should be imposed on each of the companies listed in the Appendix.
4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.311, and
1.80(f)(4) of the Commission's rules, the proposed forfeiture issued
to the companies in the attached Appendix WILL NOT BE IMPOSED.
5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to each of the
companies in the attached Appendix.
FEDERAL COMMUNICATIONS COMMISSION
Richard A. Hindman
Chief
Telecommunications Consumers Division
Enforcement Bureau
APPENDIX
Company name and address EB File No. NAL No. FRN
Gatevox Communications,
Inc.
Attorney of record: EB-08-TC-3961 200932170407 0016490773
Maldonado Law Group 3399
NW 72nd Avenue, Suite 216,
Miami, FL 33122
Satteline Communications,
Corp.
EB-08-TC-5303 200932170730 0016728214
Attn.: Simon Kraus, CEO
161 Rte. 59 201 Monsey, NY
10952
TCS Telecom, Inc.
Attorney of record: Miguel EB-08-TC-5508 200932170784 0009930827
A. Huerta Smith Trostle
LLP 707 West Ave., Ste.
202 Austin, TX 78701
Ultra Com, Inc.
Attn.: Dennis H. Marchuk, EB-08-TC-5809 200932170854 0004263307
President 899 Wedgewood
DR. Crystal Lake, IL 60014
Annual CPNI Certification, Omnibus Notice of Apparent Liability for
Forfeiture, 24 FCC Rcd 2299 (Enf. Bur. 2009) ("Omnibus NAL").
47 U.S.C. S: 222.
47 C.F.R. S: 64.2009(e).
Implementation of the Telecommunications Act of 1996: Telecommunications
Carriers' Use of Customer Proprietary Network Information and Other
Customer Information; IP-Enabled Services, CC Docket No. 96-115, WC Docket
No. 04-36, Report and Order and Further Notice of Proposed Rulemaking, 22
FCC Rcd 6927, 6953 (2007) ("EPIC CPNI Order"); aff'd sub nom. Nat'l Cable
& Telecom. Assoc. v. FCC, 555 F.3d 996 (D.C. Cir. 2009).
(...continued from previous page)
(continued....)
Federal Communications Commission DA 11-1497
3
Federal Communications Commission DA 11-1497